The document separates global terms for users outside Australia from Australian terms. Applicable terms depend on where you receive services. The global cards below concern users outside Australia.
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The applicable Terms & Conditions for your account are determined by the country where you are receiving services.
Note: These Terms and Conditions apply to users based outside Australia. If you are based in Australia, please see the applicable terms for Australia.
Note: These Terms and Conditions apply to users based outside Australia. If you are based in Australia, please see the applicable terms for Australia.
Legal Rights & Agreement Rules · Procedure
Using the platform accepts the global agreement
For users outside Australia, accessing or using the online counseling platform enters the agreement with the company operating it. BetterHelp operates the site, which may be accessible through its own or third-party sites and applications. Users who reject any term must not access the platform.
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This website is owned and operated by BetterHelp
By accessing or using the Platform, you are entering into this Agreement.
Qualifications & exceptions
Applies outside Australia.
Legal Rights & Agreement Rules · Context
Global terms flag arbitration and telehealth consent
The introductory notice directs users outside Australia to binding arbitration and a class action waiver in section 7 and telehealth consent in section 11. The detailed sections govern those subjects; this notice does not describe their exceptions.
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IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 7. PLEASE ALSO NOTE THAT THE TELEHEALTH CONSENT IS DETAILED IN SECTION 11.
Qualifications & exceptions
Detailed scope and exceptions are in the later sections.
Charges & Financial Obligations · Context
US insurance and subscription services are distinct offerings
BetterHelp may offer payment through health insurance for US users depending on their plan and location and whether associated providers are in network. This is separate from the behavioral health subscription offering, described in section 8; section 9 covers insurance.
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Insurance Offering (US only): If you are located in the U.S., we may offer the ability to pay for your therapy using your health insurance, depending on your plan and location, if the BetterHelp associated providers are in-network with your health plan.
Qualifications & exceptions
Availability depends on plan, location and in-network providers.
Account & Service Control · Context
Care is provided through your selected provider
The therapy or psychiatry platform connects you with credentialed providers. The patient relationship is with the selected provider, does not replace relationships with other practitioners, and services may be unavailable in some states. Provider communications must occur on the platform; outside communications are prohibited and outside this agreement.
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The Therapy and/or Psychiatry Platform may be used to connect you with a provider
The Provider-patient relationship is between you and the Provider you ultimately select.
All communications with the Provider must occur on the Platform(s), any communication outside of the Platform(s) is prohibited and outside of the scope of this Agreement.
Qualifications & exceptions
Global terms; state availability varies.
Account & Service Control · Company commitment
US therapists must meet stated licensing and experience requirements
BetterHelp requires US therapists to hold a recognized professional license or certification, a relevant degree, at least three years of experience and 1,000 hours of hands-on experience, and applicable board qualifications. These are stated provider requirements, rather than a guarantee of treatment results.
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For U.S. based Providers
Therapists must have a relevant academic degree in their field, at least 3 years of experience, at least 1,000 hours of hands-on experience, and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
Qualifications & exceptions
Requirements depend on state or jurisdiction.
Account & Service Control · Company commitment
Psychiatry providers need applicable US prescribing credentials
Psychiatry providers must be trained and experienced US licensed medical professionals, primarily nurse practitioners or physicians, or other prescribers permitted by state law. Each must maintain the credentials for each practice jurisdiction and remain qualified and in good standing within the license scope.
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Each Provider must maintain all licenses, certifications, registrations, and other credentials required to provide the applicable services in each state and/or jurisdiction in which they practice.
Qualifications & exceptions
Applies to US psychiatry providers under the global terms.
Account & Service Control · Company commitment
Non-US therapists need local professional credentials
For non-US providers under the global terms, BetterHelp requires registered, trained and experienced counselors, psychologists, social workers or therapists with a relevant degree, three years of experience and applicable professional credentials. These terms do not set the US 1,000-hour threshold for this group.
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For non-U.S. based Providers
Therapists must have a relevant academic degree in their field, at least 3 years of experience, and have to be qualified and credentialed by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
Qualifications & exceptions
Credentials follow the applicable professional organization.
Account & Service Control · Context
Swiss counseling is limited to the counselor’s qualifications
Members receiving Swiss services are supported by Germany-qualified counselors who are not psychologists under Swiss law. They cannot diagnose, treat illness or provide psychotherapy; this is not medical treatment and mandatory Swiss insurance does not cover it.
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The services provided do not constitute medical treatment and are not covered by Switzerland’s mandatory health insurance.
Qualifications & exceptions
Swiss service scope.
Legal Rights & Agreement Rules · Context
The global agreement incorporates a separate privacy policy
Agreeing to the global terms or using the platform also accepts the privacy policy, which is incorporated into the agreement and follows the same change rules. That linked policy contains the security and privacy practices; its full terms are not supplied in this analysis.
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Information about our security and privacy practices can be found on our Privacy Policy
THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT.
Qualifications & exceptions
Global terms.
Not stated here
The linked privacy policy is outside this assigned source.
Legal Rights & Agreement Rules · Context
Insurance users also acknowledge a separate privacy-practices notice
Users accessing the global platform through the insurance offering agree that they have read, understood and accepted the linked Notice of Privacy Practices. This source names that notice but does not supply its contents.
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If you are accessing the Platform under the Insurance Offering, then you agree that you have read, understood, and agreed to the Notice of Privacy Practices
Qualifications & exceptions
Applies to the insurance offering.
Not stated here
The linked notice is outside the assigned source.
Content & IP Rights · Context
Platform ownership and trademarks remain with their owners
The company, licensors or other material providers retain platform intellectual property. The agreement is not a sale or transfer of platform IP rights. BetterHelp names and marks need prior written permission; other marks belong to their respective owners. The separate limited use license allows only its specified uses.
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This Agreement is not a sale and does not convey or grant you any rights in or related to the Platform, or any intellectual property rights owned by BetterHelp.
You must not use BetterHelp Marks without the prior written permission of the Company.
Content & IP Rights · Permission or license
Your platform and content license is personal and limited
If you comply with the global terms, BetterHelp grants a limited, nonexclusive, nonsublicensable, revocable and nontransferable license to use the platform on your personal device in connection with services, and service content solely for personal, noncommercial use. Other rights are reserved.
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Subject to your compliance with these Terms, BetterHelp grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
access and use the Platform solely in connection with your use of the Services on your personal device; and
access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.
Qualifications & exceptions
Compliance with the terms is required.
Legal Rights & Agreement Rules · Context
BetterHelp disclaims responsibility for third-party content
The global platform may contain third-party products, services, content, links or advertisements. BetterHelp disclaims responsibility for their creation, associated practices, terms and policies, and liability for resulting damage or loss.
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We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
Legal Rights & Agreement Rules · Context
Global terms release claims and disclaim platform warranties
To the maximum extent law permits, the global terms ask you to release and hold BetterHelp harmless for platform or therapist-service claims, including provider acts, advice and other accessible content. The platform is supplied as is and at your own risk, without warranties including security, accuracy, fitness, noninfringement or merchantability, to the fullest extent allowed by law.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE THERAPIST SERVICES OR THE PLATFORM
TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
Qualifications & exceptions
Subject to what applicable law permits.
Legal Rights & Agreement Rules · Context
Global liability is capped at the prior 12 months’ payments
The global terms exclude indirect, incidental, consequential, special, punitive and exemplary damages and cap aggregate platform/agreement liability at money paid by or for you through the platform in the 12 months before the claim. If law disallows the limit it is modified only as necessary to comply; the limitation section survives termination or expiry.
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OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
Qualifications & exceptions
Applicable-law limits remain; the section survives termination or expiry.
Legal Rights & Agreement Rules · Context
The arbitration section defines covered disputes broadly
The global arbitration definition addresses disputes over the agreement and prior versions, including formation-related existence, applicability, breach, termination, enforcement, interpretation, scope, waiver and validity, and use of the platform or therapist services. The section expressly preserves the exclusions described later; this definition alone does not remove them.
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By accepting the terms of this Arbitration Agreement, you and the Company (collectively, "Parties") agree that any dispute, claim, or controversy (except those specifically exempted below) arising out of or relating to
this Agreement and prior versions of this Agreement, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; and
the use of the Platform or Therapist Services (collectively, "Disputes")
Qualifications & exceptions
Subject to the arbitration section’s express exclusions.
Global terms waive class actions unless you timely opt out
Unless you timely opt out of arbitration and the class waiver, you and BetterHelp waive class, collective and representative proceedings to the maximum extent permitted by law, and you waive class-action notices. A court alone decides class-waiver validity. If a class case is filed and a final judicial ruling finds the waiver unenforceable, that portion goes to civil court while enforceable portions remain in arbitration. Opt-out normally requires written notice within 30 days of first platform access or use.
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You also waive your right to receive notice of any class, collective, or other representative action that may be filed.
the dispute is filed as a class, collective, or other representative action; and
the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor BetterHelp will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver.
Qualifications & exceptions
Subject to applicable law and the opt-out procedure.
25 similar coordinated demands trigger mass-arbitration procedures
To the extent law permits, 25 or more similar arbitration demands against BetterHelp involving the same law firm or organization trigger the global mass-arbitration procedure. Similarity means similar facts, legal issues and requested relief. The parties must cooperate in good faith; disputes about batching go to one consolidated arbitration with all affected parties and one arbitrator. Batch arbitrations must be in Wilmington, Delaware despite contrary agreement provisions.
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in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization
Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Wilmington, Delaware.
Qualifications & exceptions
Applies only to the stated coordinated similar demands and as law permits.
Legal Rights & Agreement Rules · Context
Mass demands are randomly batched in groups of up to 100
Parties must cooperate to make randomized batches of no more than 100 demands, with a final smaller batch for leftovers. Claimants’ counsel presents batches in the provider’s required format. Each batch is one case with one demand, appointed arbitrator, set of administrative documents and set of administrative and filing fees; each batch has its own arbitrator and fee assessment.
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The Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch.
Claimants' counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider.
The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch.
A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.
Qualifications & exceptions
Applies to qualifying global mass arbitrations.
Legal Rights & Agreement Rules · Context
The global clause excludes several claims from required arbitration
Required arbitration does not cover individual small claims while they stay individual in small-claims court, individual platform-related sexual assault or harassment claims, or court injunctive/equitable relief to protect IP rights. Claims controlling federal or state statutes make nonarbitrable are also excluded; the terms name Dodd-Frank and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act without supplying those laws.
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this Arbitration Agreement shall not require arbitration of the following claims:
individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis;
individual claims of sexual assault or sexual harassment occurring in connection with your use of the Platform; and/or
injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute.
Qualifications & exceptions
Each exclusion has its stated claim and forum limits.
Not stated here
The named statutes are external and are not analyzed here.
Before global arbitration, either side may try informal resolution for 30 days, extendable by mutual agreement. The period begins on receipt of a written notice identifying the complaining party’s full name and contact information, the nature and basis of the dispute, and the specific relief requested. The clause describes this process as optional.
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you and the Company may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties.
include the full name and contact information of the complaining party;
describe the nature and basis of the dispute, claim, or controversy; and
set forth the specific relief sought.
Qualifications & exceptions
Optional; extensions require mutual agreement.
Legal Rights & Agreement Rules · Context
Related third-party claims are included in the arbitration clause
The global clause extends to claims by or against third parties, including spouses, heirs, beneficiaries and assigns, where the underlying claims relate to your platform or therapist-service use. Claims a third-party beneficiary brings against the parties are also covered, subject to the clause’s exclusions and any timely opt-out.
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where their underlying claim(s) arise out of or relate to your use of the Platform or Therapist Services.
Qualifications & exceptions
Related-use scope and arbitration exceptions apply.
Legal Rights & Agreement Rules · User right or choice
You can opt out of global arbitration within 30 days
To reject both global arbitration and the class action waiver, send written notice to optout@betterhelp.com within 30 days after first accessing or using the platform. Use subject “Arbitration Opt-Out,” expressly opt out of both, and give your name and address. A timely opt-out lets both sides litigate without those clauses; otherwise both are bound. The terms give pre-April 6, 2023 members a historical 30-day window from that date and allow consultation with chosen counsel.
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You may opt out from this Arbitration Agreement within 30 days after you first access or use the Platform
using the subject line "Arbitration Opt-Out." Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address.
Qualifications & exceptions
Historical members’ stated window ran from April 6, 2023.
The global arbitration agreement survives the relationship
The arbitration agreement remains after the parties’ relationship terminates or expires, subject to its own exclusions and any valid timely opt-out.
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This Arbitration Agreement survives after the termination or expiration of the Parties' relationship.
Legal Rights & Agreement Rules · Context
Dispute notices use stated addresses; negotiation statements are confidential
BetterHelp sends global dispute notices to your billing or email address; you send yours to BetterHelp, 3155 Olsen Dr., Suite #375, San Jose, CA 95117. Negotiation offers, conduct and statements are declared confidential, privileged and inadmissible in proceedings involving the parties. Evidence otherwise admissible or discoverable does not become inadmissible just because negotiations used it.
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The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: BetterHelp, 3155 Olsen Dr., Suite #375, San Jose, CA 95117.
provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.
Qualifications & exceptions
Applies to the stated informal negotiation process.
Charges & Financial Obligations · Context
Subscriptions renew until canceled; billing time starts at matching
Global subscription choices include weekly, four-week and quarterly billing. Payment is taken immediately when payment details and transaction are completed, but therapy may start later; the billing period runs from provider matching so the full cycle is available. A recurring subscription automatically renews until cancellation, and you accept recurring charges incurred before cancellation.
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Any type of subscription you choose will continue and automatically renew until you cancel the membership.
Your subscription/billing period will run from the date you are matched to ensure you are given the entire duration of that billing cycle to use the services.
Qualifications & exceptions
Subscription offering; payment precedes any matching delay.
Charges & Financial Obligations · User right or choice
Cancel before renewal; unused sessions generally expire each cycle
You may cancel a global subscription at any time for any reason, but must do so before renewal to avoid the next cycle’s charge. Unless BetterHelp advises otherwise, unused video, phone or chat sessions expire at the end of the billing cycle and do not roll over.
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Your membership must be canceled before it renews in order to avoid the next billing cycle.
unless otherwise advised by BetterHelp, any sessions (video, phone or chat) accrued but unused within a billing cycle will not roll over or be eligible for use after that billing cycle concludes.
Qualifications & exceptions
BetterHelp may advise an exception to session expiry.
BetterHelp reserves the right to change global subscriptions and prices, including for inflation, operating costs or market conditions. Membership-service changes take effect only after proper notice; you may cancel if dissatisfied. The clause does not specify the notice period.
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Any changes to your membership services will only take effect following proper notice to you.
Not stated here
The length of “proper notice” is not specified here.
Charges & Financial Obligations · User right or choice
A legally required 14-day withdrawal gets a full refund
If you live in a country where consumer law entitles you to withdraw within 14 days, sufficiently completing the linked withdrawal form leads BetterHelp to reverse the contract and fully refund you. This promise is tied to that legal entitlement and is not a universal 14-day refund offer.
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If you reside in a country where you are legally entitled to withdraw from a consumer contract within 14 days, you must sufficiently complete
we will honor that request such that the contract will be reversed and you will be fully refunded.
Qualifications & exceptions
Requires the stated local legal entitlement and completion of the withdrawal form.
Charges & Financial Obligations · Context
Free trials turn into paid membership after notice
BetterHelp occasionally offers therapist-service free trials. On expiry, paid membership begins after notice to you. The general subscription cancellation and renewal provisions apply to the membership.
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Once a free trial expires, the paid membership will commence following a notice to you.
Account & Service Control · User right or choice
Some electronic notices require ending services to opt out
You may withdraw certain global electronic communications through contact details, your account or unsubscribe instructions, effective within a reasonable time after receipt. But BetterHelp or therapists may require terms-update and billing notices that you cannot reject without discontinuing services. Withdrawal does not undo the terms’ legal validity and may make services unavailable.
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You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from BetterHelp.
from which you may not opt out without discontinuing the Services.
Qualifications & exceptions
Only some communications can be stopped while continuing services.
Platform use consents to remote sessions and electronic health-data transfer
Global platform use consents to remote sessions through messaging, chat, audio or video and electronic transmission of medical records or health-related personal data. You acknowledge telehealth risks and benefits and must accurately give your location before each session if law, BetterHelp or the therapist requires. You may withhold or withdraw consent at any time without affecting future care rights; therapists may require more consent paperwork. For France, the terms substitute “virtual health” and “virtual therapy consent” for telehealth terminology.
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You consent to other aspects of telehealth including but not limited to electronic transmission of medical records or health-related personal data.
You may withhold or withdraw consent to BetterHelp at any time without affecting your right to future care or treatment.
Qualifications & exceptions
Location disclosure is conditional; French terminology differs.
Account & Service Control · Context
You confirm contracting capacity and required parental consent
Global users confirm they can legally consent to services or have a parent’s or guardian’s consent, and can legally contract. Where guardian consent is required, the consenting adult confirms sole authority without another guardian’s approval, agrees to the linked privacy policy’s collection, processing and use on the minor’s behalf, and agrees that service consent lasts until membership cancellation. The linked privacy-policy contents are not supplied.
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You hereby confirm that you are legally able to consent to receive Therapist Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.
You also agree that consent to Therapist Services remains valid until membership is canceled.
Qualifications & exceptions
Sole-authority and minor privacy consent apply where parent or guardian consent is required.
Not stated here
The incorporated privacy policy is outside this source.
Your account information must remain accurate and complete
The global terms require all information you supply now and later through the platform to be true, accurate, current and complete, and kept updated throughout the agreement.
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all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete.
You must safeguard access and immediately report unauthorized use
You are responsible for keeping your password and other account-access security information confidential, and must notify BetterHelp immediately of unauthorized access or security concerns. The company recommends frequent password changes and extra care safeguarding passwords.
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you are responsible for maintaining the confidentiality of your password and any other security information related to your account
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
Security & Safeguards · Context
You bear account-use losses even from unauthorized users
The global terms disclaim company liability for losses when someone else uses your account, with or without your knowledge or consent. They hold you fully responsible for all activity and require indemnification for resulting company damage or loss, even when you did not authorize the user.
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we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
Account & Service Control · Context
Use only your own account and for your own personal services
Global users must not use anyone else’s account or access credentials for any reason and confirm that platform and therapy use is personal, rather than on behalf of another person or organization. The separately stated minor-consent provisions remain in the source; the personal-use clause does not explain how those situations interact.
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You agree and commit not to use the account or Account Access of any other person for any reason.
your use of the Platform, including the Therapist Services, are for your own personal use only
Not stated here
The personal-use wording does not explain its interaction with the minor-consent provisions.
Security & Safeguards · Context
Do not disrupt systems or send harmful or unlawful content
Global users must not disrupt or attempt to disrupt platform or company systems, networks or infrastructure, including unauthorized access. Prohibited postings, messages and deliveries include unsolicited emails or advertising, malicious code, unlawful, harassing, invasive, abusive, threatening, obscene, racist or potentially harmful content, third-party-rights infringements, third-party damage, and content constituting, causing or encouraging crimes or legal violations.
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You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following:
unsolicited email and/or advertisement or promotion of goods and services;
Platform communications and complaints go to BetterHelp’s contact email
For the global agreement, send platform communications, including complaints, to contact@betterhelp.com. Specific arbitration notices and opt-out requests retain their separately stated delivery routes.
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Please direct any communications, including complaints about the Platform, to
Qualifications & exceptions
Specific dispute and opt-out instructions still apply.
Legal Rights & Agreement Rules · Context
Delaware law is selected, subject to mandatory consumer protections
The global terms choose Delaware law excluding choice-of-law rules. They state that the agreement is the entire agreement and that you have not relied on outside company promises or representations. The law choice does not affect mandatory consumer protections in the country where you live.
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interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US.
Nothing in this Agreement, including the choice of the laws of the State of Delaware, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.
The global court-venue clause names Northern California courts
The global agreement states exclusive venue in the US District Court for Northern California or state courts in Santa Clara County, with consent to personal jurisdiction and waiver of jurisdiction objections. The separate arbitration clause requires arbitration for covered claims and names Wilmington for some proceedings, while allowing certain competent-court remedies. The document does not expressly reconcile every forum reference; this card does not replace the arbitration exceptions or mandatory local consumer rights.
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shall be the US District Court for the Northern District of California, or the state courts located in Santa Clara County in California.
Qualifications & exceptions
Arbitration provisions and mandatory consumer protections remain.
Not stated here
How the broad court-venue wording interacts with every arbitration court reference is not expressly stated.
Cross-references
contrast (model-proposed): Unagreed arbitration location defaults to Wilmington — The global court-venue clause broadly names Northern California courts while arbitration has its own Wilmington default and specified court routes. These are distinct forum provisions; their complete interaction is not expressly reconciled.
Posted agreement changes generally take effect immediately
BetterHelp may modify the global agreement by posting changes; unless it states otherwise, they take effect on posting. Continued platform use accepts them, and rejection requires ending access and participation. Users are encouraged to check frequently. Separately, membership-service changes require proper notice under the subscription section; the general posting rule does not remove that condition.
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Unless otherwise specified by us, all modifications shall be effective upon posting.
Any changes to your membership services will only take effect following proper notice to you.
Qualifications & exceptions
Different timing may be specified; membership-service changes require notice.
BetterHelp may assign the agreement; invalid terms leave the rest intact
The global terms allow BetterHelp freely to transfer or assign the agreement or obligations, and say headings are for convenience rather than interpretation. If a competent court invalidates a provision, the remainder stays effective. Arbitration, liability limits and indemnification expressly survive termination or expiry.
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We may freely transfer or assign this Agreement or any of its obligations hereunder.
the remaining provisions of this Agreement will remain in full force and effect.
all clauses regarding arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of this Agreement.
Legal Rights & Agreement Rules · Context
The global terms state an August 26, 2026 update
The global part of the stored document identifies its last update as August 26, 2026. This identifies the analyzed version and does not establish that it is the latest version now.
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Last Updated: August 26, 2026
Legal Rights & Agreement Rules · Context
Australian users accept their regional agreement by using the platform
The Australian part expressly applies to users based in Australia and directs other users to the global terms. BetterHelp operates the online counseling platform, including access through owned or third-party sites and apps. Access or use enters the Australian agreement with the operating company; anyone rejecting a term must not access the platform.
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Terms and Conditions - Australia
Note: These Terms and Conditions apply to users based in Australia.
This website is owned and operated by BetterHelp
By accessing or using the Platform, you are entering into this Agreement.
Qualifications & exceptions
Applies to users based in Australia.
Legal Rights & Agreement Rules · Context
Australian terms flag arbitration and telehealth consent
The Australian introductory notice points to binding arbitration and a class action waiver in section 7, and telehealth consent in section 11. Their detailed provisions, including opt-out and exceptions, control their scope.
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IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 7. PLEASE ALSO NOTE THAT THE TELEHEALTH CONSENT IS DETAILED IN SECTION 11.
Qualifications & exceptions
The detailed arbitration exceptions and consent choices remain.
Account & Service Control · Company commitment
Australian terms require non-US therapists to hold local credentials
The Australian platform connects users with providers of health services whose credentials vary by jurisdiction. Its non-US therapist rule requires trained, registered, experienced professionals with a relevant degree, at least three years’ experience and applicable professional-organization credentials. Titles on sites and apps follow recognition in the profession’s responsible jurisdiction.
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The Platform may be used to connect you with a provider, variously credentialed and experienced based on the applicable jurisdiction
For non-U.S. based Therapists
Therapists must have a relevant academic degree in their field, at least 3 years of experience
as recognized in the jurisdiction responsible for their profession.
Qualifications & exceptions
Australian agreement; the quoted credential rule concerns non-US therapists.
Account & Service Control · Context
Australian members receive care from independent therapists
Under the Australian agreement, members alone are the intended recipients of therapist services. Therapists independently provide and are responsible for care; BetterHelp says it is not a healthcare entity and enables services rather than delivering therapy itself. You may switch therapists if care does not fit. Licensing and availability constrain matching, with no guaranteed time or duration; BetterHelp emails if your therapist leaves so you can match again.
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The Therapists are independent providers who are neither our employees nor agents nor representatives.
If a Therapist you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you
Members are the intended and sole recipient of the Therapist Services provided by the Therapists.
Qualifications & exceptions
Australian agreement; matching availability is not guaranteed.
Account & Service Control · Context
Australian therapy may not substitute for needed in-person care
Australian terms acknowledge that online therapy may not suit every person or situation, including needs such as active substance withdrawal or anorexia nervosa that may require in-person care. You must not disregard, avoid or delay professional in-person care because of platform advice.
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Supporting quotations
they may not be appropriate for every particular situation and/or a substitute for certain mental health needs that might require in-person therapy services
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
Account & Service Control · Context
Australian services exclude emergencies and specified clinical uses
The Australian warning directs users facing suicide, self-harm, harm to others, danger or a medical emergency to call local emergency services and notify authorities immediately. It says the platform and therapists cannot provide the required assistance and proceeding is at your own risk. It excludes clinical diagnosis requiring in-person evaluation, official documentation such as court-ordered therapy or service-dog certification, and drug or medical-treatment advice, which it says to disregard if received.
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THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE THERAPISTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
Qualifications & exceptions
Australian agreement.
Legal Rights & Agreement Rules · Context
Australian users also accept the separate privacy policy
The Australian agreement points to the privacy policy for privacy and security practices, incorporates it into the agreement and applies the same revision rules. Agreement or platform use accepts that policy. The policy’s full text is not supplied in this assigned document.
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Information about our security and privacy practices can be found on our Privacy Policy
THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT.
Qualifications & exceptions
Australian agreement.
Not stated here
The separate privacy policy is not supplied here.
Legal Rights & Agreement Rules · Context
An Australian-section clause conditionally acknowledges an insurance notice
The Australian section says anyone accessing the platform under the Insurance Offering agrees they have read, understood and accepted the linked Notice of Privacy Practices. This conditional wording does not itself establish insurance availability in Australia; the explicit insurance offering elsewhere is labeled US only. The notice contents are not supplied.
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If you are accessing the Platform under the Insurance Offering, then you agree that you have read, understood, and agreed to the Notice of Privacy Practices
Qualifications & exceptions
Applies only if using the Insurance Offering; does not promise Australian availability.
Not stated here
The linked notice is not supplied here.
Content & IP Rights · Context
Australian terms retain platform IP and restrict trademark use
The company, licensors and material providers own the platform and related IP. The Australian agreement is not a sale or conveyance of IP rights. BetterHelp marks require prior written permission, and other marks remain their owners’ trademarks. A separate limited license permits specified platform use.
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This Agreement is not a sale and does not convey or grant you any rights in or related to the Platform, or any intellectual property rights owned by BetterHelp.
You must not use BetterHelp Marks without the prior written permission of the Company.
Content & IP Rights · Permission or license
The Australian use license is personal, revocable and noncommercial
Subject to complying with the terms, BetterHelp gives a limited, nonexclusive, nonsublicensable, revocable and nontransferable license to use the platform on your personal device in connection with services and use service materials only personally and noncommercially. Other rights remain reserved.
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Subject to your compliance with these Terms, BetterHelp grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
access and use the Platform solely in connection with your use of the Services on your personal device; and
access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.
Qualifications & exceptions
Australian agreement; compliance is required.
Legal Rights & Agreement Rules · Context
Australian terms disclaim responsibility for third-party content
The Australian platform may contain third-party products, content, services, links or advertisements. BetterHelp disclaims responsibility for their creation, associated practices, terms and policies, and liability for damage or loss caused by that content.
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We have no responsibility for the creation of any such Third Party Content
Qualifications & exceptions
Subject to the agreement’s preservation of mandatory consumer protections.
Legal Rights & Agreement Rules · Context
Australian terms release claims and disclaim warranties within legal limits
To the maximum extent permitted by law, the Australian terms ask users to release and hold BetterHelp harmless for platform and therapy claims, including therapist acts or advice and accessible content. The platform is as is and at your own risk, without warranties including merchantability, noninfringement, security, suitability or accuracy, only to the fullest extent the law permits. The agreement separately preserves mandatory consumer protections.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS
TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
Nothing in this Agreement, including the choice of the laws of the State of Delaware, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.
Qualifications & exceptions
Mandatory consumer protections and applicable law remain.
Australian liability is capped at 12 months’ platform payments
The Australian terms exclude indirect, incidental, consequential, special, punitive and exemplary damages and cap aggregate platform/agreement liability at the money paid by or for you through the platform in the 12 months before the claim. A legally impermissible limit is modified only as needed to comply with law, and the limitation section survives expiry or termination. Mandatory consumer protections remain preserved.
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WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
Qualifications & exceptions
Subject to applicable law and mandatory consumer rights; survives termination.
Australian terms require individual arbitration with opt-out and exceptions
The Australian agreement generally sends agreement and prior-version disputes and platform/therapy-use disputes to final individual arbitration, using court limitation periods and waiving a jury. A timely 30-day opt-out rejects arbitration and the class waiver. Exceptions include individual small claims staying in small-claims court, platform-related sexual assault/harassment, court equitable relief protecting IP and statutory nonarbitrable claims. Government and federal-agency routes and temporary court injunctions remain available under the clause, and mandatory consumer protections remain.
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any dispute, claim, or controversy (except those specifically exempted below)
this Agreement and prior versions of this Agreement
All claims in arbitration are subject to the same statutes of limitation that would apply in court.
individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis;
individual claims of sexual assault or sexual harassment occurring in connection with your use of the Platform; and/or
injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute.
If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor BetterHelp will be required to arbitrate disputes
Qualifications & exceptions
Australian agreement; opt-out, agency, court and statutory exceptions apply.
Australian arbitration uses AAA rules under the named US statute
The Australian arbitration clause selects the Federal Arbitration Act for arbitration and enforceability issues and AAA Consumer Arbitration Rules for administration; the agreement prevails over conflicting AAA rules. One arbitrator selected under those rules must be a bar member in the arbitration state or a retired judge, with experience in the dispute’s underlying law. The external rules and statute are not supplied here.
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provided however, that if there is a conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall govern.
The arbitrator shall be a member of the bar of the state in which the arbitration will be conducted or a retired judge from any jurisdiction
Not stated here
The AAA rules and Federal Arbitration Act are external texts not supplied here.
Legal Rights & Agreement Rules · Context
Australian arbitral authority excludes class-waiver questions
The arbitrator has exclusive authority over interpretation, applicability, enforceability and formation of the Australian arbitration clause and agreement, including voidness claims, except class action waiver issues. Those are reserved to a competent court under the class-waiver provision.
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Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority
Qualifications & exceptions
Class-waiver questions are excepted.
Legal Rights & Agreement Rules · Context
Australian arbitration defaults to Wilmington if no location is agreed
If the parties cannot agree on a location, the Australian clause specifies Wilmington, Delaware. The later mass-arbitration provision separately requires Wilmington for batch proceedings.
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If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Wilmington, Delaware.
Qualifications & exceptions
Default applies when parties do not agree otherwise.
Cross-references
contrast (model-proposed): Australian terms name Northern California courts for court proceedings — The Australian court-venue clause names Northern California courts while the arbitration procedure defaults to Wilmington. Both provisions and the separate court exceptions are preserved without inventing a priority rule.
Charges & Financial Obligations · Context
Australian arbitration fees depend on applicable law
Each party pays its own attorneys, subject to later legal remedies. BetterHelp pays arbitrator and arbitration fees whenever law requires; otherwise applicable law determines allocation. The arbitrator resolves disputes about who must pay these fees.
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In all cases where required by law, the Company will pay the arbitrator's and arbitration fees.
Qualifications & exceptions
Legal fee-shifting remedies and applicable fee-allocation law remain.
Legal Rights & Agreement Rules · Context
Australian arbitration permits discovery, motions and court-available remedies
The arbitrator must allow sufficient discovery to prepare claims and defenses, considering efficient resolution. Subject to the class waiver, remedies are limited to those available in court under applicable state or federal substantive law. Either party may seek dismissal or summary judgment under federal civil-procedure standards. Awards must be written with factual findings and legal conclusions and may be entered as court judgments.
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allowing the parties to conduct discovery sufficient to allow each party to prepare its claims and/or defenses
Except as provided in the Class Action Waiver (as defined below), the arbitrator may award all remedies
Either party shall be permitted to file a motion to dismiss and/or motion for summary judgment
The arbitrator's decision or award shall be in writing with findings of fact and conclusions of law.
Qualifications & exceptions
Australian agreement; class-waiver and court-remedy limits remain.
Legal Rights & Agreement Rules · Context
Australian arbitration allows temporary court injunctions
For an arbitrable controversy, a party may seek temporary or preliminary injunctive relief in a competent court under applicable law without waiving arbitration. The court can consider merits as needed and legally allowed for that ruling, while final relief for that arbitrable controversy remains for arbitration. Claims expressly exempt from arbitration retain their separate rules.
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any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement.
Qualifications & exceptions
Applies to arbitrable disputes, distinct from the claim exclusions.
Legal Rights & Agreement Rules · Context
A court can appoint an arbitrator if AAA will not administer
If AAA will not administer an Australian-agreement arbitration, either party may ask a competent court with authority over the arbitration location to appoint a neutral arbitrator.
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If for any reason the AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction
Qualifications & exceptions
Applies if AAA declines administration.
Legal Rights & Agreement Rules · Context
Australian arbitration language preserves government-agency routes
The Australian clause does not prevent government investigation of covered reports, claims or charges, or federal administrative agencies adjudicating and awarding remedies for otherwise covered claims. Legal preconditions and administrative-exhaustion requirements still apply before arbitration. This reports the clause’s agency language without deciding the jurisdiction of any particular agency.
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Nothing in this Arbitration Agreement prevents the investigation by a government agency
Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration.
Legal Rights & Agreement Rules · Context
Australian terms waive class proceedings unless you timely opt out
Unless you timely opt out of arbitration and the class waiver, both sides waive class, collective and representative proceedings to the maximum extent law permits, and you waive class-action notices. Courts alone decide waiver validity. If a class action is filed and a final court decision finds the waiver unenforceable, that portion goes to civil court while enforceable portions remain in arbitration. The opt-out window normally runs 30 days from first access or use.
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You also waive your right to receive notice of any class, collective, or other representative action that may be filed.
the dispute is filed as a class, collective, or other representative action; and
the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction
If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor BetterHelp will be required to arbitrate disputes
Qualifications & exceptions
Australian agreement; timely opt-out and legal limits remain.
Australian mass-arbitration rules start at 25 coordinated similar demands
To the extent law permits, 25 or more similar demands against BetterHelp presented by or with the same law firm or organization trigger the Australian mass-arbitration procedure. Similar demands involve similar facts and legal issues and seek similar relief. This threshold does not itself authorize class arbitration.
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in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization
if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief.
Qualifications & exceptions
Applies only to the stated coordinated demands as law permits.
Australian mass demands are batched into cases of up to 100
The parties must cooperate to randomize qualifying demands into batches of no more than 100, with a smaller final remainder. Claimants’ counsel presents them in the provider’s prescribed format. Each batch is treated as one case with one demand, one appointed arbitrator, one administrative-document set and administrative and filing fees; a separate arbitrator and fees apply per batch.
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randomized batches of no more than 100 demands per batch.
Claimants' counsel shall organize and present the batched demands
one set of administrative documents, and administrative and filing fees per batch.
A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.
Qualifications & exceptions
Australian mass-arbitration procedure.
Legal Rights & Agreement Rules · Context
Australian batch disputes go to one arbitrator in Wilmington
For qualifying Australian mass arbitration, you must cooperate in good faith with the company and provider on batching and fees. Disputes about whether batching applies go to one consolidated proceeding covering all affected parties and decided by one arbitrator. All batch arbitrations must occur in Wilmington, Delaware, despite contrary agreement provisions.
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Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties
Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Wilmington, Delaware.
Australian arbitration excludes small claims, specified misconduct and IP relief
The Australian clause excludes individual claims remaining individual in small-claims court, individual sexual-assault or harassment claims connected with platform use, and court injunctive or equitable relief to protect IP rights. It also excludes claims controlling federal or state statutes make nonarbitrable, naming Dodd-Frank, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and Acts of Congress. Those external statutes are not supplied, and this card does not decide their applicability to a particular Australian dispute.
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this Arbitration Agreement shall not require arbitration of the following claims:
individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis;
individual claims of sexual assault or sexual harassment occurring in connection with your use of the Platform; and/or
injunctive or other equitable relief in a court of competent jurisdiction
this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute.
Qualifications & exceptions
Each exception retains its stated claim and forum conditions.
Not stated here
The external statutes are not supplied; individual legal applicability is not established.
Australian informal dispute resolution is an optional 30-day process
Before arbitration, the parties may try informal resolution for 30 days, extendable by mutual agreement. Negotiations begin when the other side receives written notice with the complaining party’s full name and contact details, the dispute’s nature and basis, and the specific relief sought. The wording makes the attempt optional.
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you and the Company may first attempt to resolve any Disputes informally for 30 days
include the full name and contact information of the complaining party;
describe the nature and basis of the dispute, claim, or controversy; and
set forth the specific relief sought.
Qualifications & exceptions
Australian agreement; mutually agreed extensions are possible.
Legal Rights & Agreement Rules · Context
Related third-party claims fall within the Australian arbitration clause
The Australian clause includes claims by or against third parties such as spouses, heirs, third-party beneficiaries and assigns where the underlying claims relate to your platform or therapist-service use. Beneficiary claims against the parties are also included, subject to the clause’s exceptions and a valid timely opt-out.
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where their underlying claim(s) arise out of or relate to your use of the Platform or Therapist Services.
Qualifications & exceptions
Related-use connection and arbitration exceptions remain.
Legal Rights & Agreement Rules · User right or choice
Australian users can reject arbitration and the class waiver within 30 days
Send a written opt-out to optout@betterhelp.com within 30 days of first access or platform use, using subject “Arbitration Opt-Out.” State that you reject both arbitration and the class waiver and supply your name and address. A timely opt-out lets both sides litigate without them; otherwise they remain binding under the clause. The terms give members who accessed before April 6, 2023 a historical 30-day window from that date, and permit consultation with chosen counsel.
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within 30 days after you first access or use the Platform
using the subject line "Arbitration Opt-Out." Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address.
Qualifications & exceptions
Historical members’ stated opt-out window ran from April 6, 2023.
Australian arbitration survives termination or expiry
The Australian arbitration agreement survives the end or expiry of the parties’ relationship, subject to its exclusions and any valid timely opt-out.
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This Arbitration Agreement survives after the termination or expiration of the Parties' relationship.
Legal Rights & Agreement Rules · Context
Australian dispute notices use the stated US address and confidentiality rule
BetterHelp sends dispute notices to your billing or email address. You send yours to BetterHelp, 3155 Olsen Dr., Suite #375, San Jose, CA 95117. Negotiation offers, conduct and statements are declared confidential, privileged and inadmissible in proceedings involving the parties, but otherwise admissible or discoverable evidence keeps that status despite use in negotiation.
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The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: BetterHelp, 3155 Olsen Dr., Suite #375, San Jose, CA 95117.
provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.
Qualifications & exceptions
Australian agreement’s informal negotiations.
Charges & Financial Obligations · Context
Australian subscriptions auto-renew; the billing period starts at matching
Australian users pay BetterHelp for a right to receive therapy through the platform, with weekly, four-week or quarterly options. Subscriptions renew until canceled and you accept recurring charges before cancellation. Payment is taken immediately after completing the payment transaction, but matching can take time; the billing cycle begins on matching so its full duration is available.
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You will pay a subscription fee to BetterHelp in exchange for a right to receive Therapist Services through the Platform.
Your subscription/billing period will run from the date you are matched to ensure you are given the entire duration of that billing cycle to use the services.
Charges & Financial Obligations · User right or choice
Cancel Australian subscriptions before renewal; unused sessions expire
You may cancel at any time for any reason, but cancellation must precede renewal to avoid the next cycle. Unless BetterHelp advises otherwise, unused video, phone or chat sessions expire within their billing cycle and do not roll into the next one.
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Your membership must be canceled before it renews in order to avoid the next billing cycle.
unless otherwise advised by BetterHelp, any sessions (video, phone or chat) accrued but unused within a billing cycle will not roll over or be eligible for use after that billing cycle concludes.
Qualifications & exceptions
Australian agreement; BetterHelp may advise an exception to expiry.
Australian membership changes require proper notice
BetterHelp reserves the right to change subscriptions or prices and cites inflation, operating costs and market conditions. Membership-service changes take effect only after proper notice, and you may cancel if dissatisfied. The clause supplies no fixed notice period.
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Any changes to your membership services will only take effect following proper notice to you.
Charges & Financial Obligations · User right or choice
The Australian section offers withdrawal only where law gives the right
The Australian section’s cooling-off clause promises contract reversal and a full refund if you reside in a country giving a legal right to withdraw within 14 days and sufficiently complete the linked form. The wording is conditional on local legal entitlement; it does not itself establish that every Australian user has that right.
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If you reside in a country where you are legally entitled to withdraw from a consumer contract within 14 days, you must sufficiently complete
we will honor that request such that the contract will be reversed and you will be fully refunded.
Qualifications & exceptions
Requires the stated legal entitlement and completed form.
Charges & Financial Obligations · Context
Australian free trials convert to paid membership after notice
BetterHelp occasionally offers free trials for therapy services. Once a trial expires, paid membership begins following notice to the user, with the subscription’s renewal and cancellation rules.
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Once a free trial expires, the paid membership will commence following a notice to you.
Charges & Financial Obligations · Context
Australian late cancellations or missed sessions may incur $15
The Australian subscription section says cancellations within 24 hours of session time or missed sessions may cost $15 per occurrence. It explains this as protecting therapist scheduling and availability; it is distinct from ending a subscription.
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Session Cancellation Policy: Late cancellations (within 24 hours of the session time) and missed sessions may incur a $15 fee per occurrence.
Qualifications & exceptions
May apply per occurrence; currency beyond the dollar sign is not specified.
Australian matching uses residence and weighted engagement and provider data
Matching first uses where you live and therapists qualified and opted in for that jurisdiction. It then weighs hundreds of inputs including sustained-engagement indicators, therapist reliability, punctuality, NPS and ratings, availability, experience and preferences such as gender, age or specialty. These are main factors in a more complex referral process, not a promise of a particular therapist.
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After location criteria, member/therapist matches are based several hundred different inputs weighted in a complex way.
data BetterHelp considers indicative of sustained therapist/client engagement, the composite “quality” score of the Therapist
Qualifications & exceptions
Australian agreement; initial jurisdiction and credential requirements apply.
Australian users consent to electronic service contact, with limited opt-outs
You consent to electronic service communications by BetterHelp, insurance partners or therapists, including reminders, scheduling, health-team messages and policy updates. You confirm supplied phone/email are yours and current and permit service texts and emails. Certain communications may be stopped by contacting BetterHelp, account settings or unsubscribe instructions, effective within a reasonable time. Required terms or billing notices cannot be rejected without discontinuing services; withdrawal does not undo the agreement and may make services unavailable. Naming insurance partners here does not promise Australian insurance availability.
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You consent to receive such communications electronically
When providing us with your email address and phone number, you represent that they are yours and are up-to-date.
Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
from which you may not opt out without discontinuing the Services.
Qualifications & exceptions
Australian agreement; some service notices require continued electronic consent.
Withdrawing Australian electronic consent may end access to services
The Australian terms let you withdraw certain future electronic communications by contact, account settings or unsubscribe instructions, effective within a reasonable time after receipt. However, required service notices such as terms updates or billing cannot be rejected without discontinuing services. Withdrawal leaves the terms legally intact and may make certain services unavailable.
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You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from BetterHelp.
Your withdrawal of consent will not affect the legal validity or enforceability of these Terms and Conditions.
Qualifications & exceptions
Required service communications have different consequences from optional messages.
Australian use consents to remote therapy and medical-record transmission
By using the platform under the Australian terms, you consent to remote sessions and electronic messaging, chat, audio or video as applicable, and other telehealth aspects including electronic medical-record transmission. You acknowledge inherent risks and benefits. Provide your location accurately before a session if law, BetterHelp or your therapist requires it. You may withhold or withdraw consent at any time without affecting future care rights; the therapist may require additional consent documents.
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You consent to other aspects of telehealth including but not limited to electronic transmission of medical records.
You may withhold or withdraw consent to BetterHelp at any time without affecting your right to future care or treatment.
Qualifications & exceptions
Location disclosure is conditional; further therapist consents may be required.
Account & Service Control · Context
Australian users confirm capacity and any required guardian authority
Users confirm legal capacity to consent to therapy or a parent/guardian’s consent, and legal capacity to contract. If guardian consent is required, the consenting adult confirms sole authority without another guardian’s approval, consents to privacy-policy collection, processing and use for the minor, and agrees service consent lasts until membership cancellation. The linked privacy policy is not supplied here.
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You hereby confirm that you are legally able to consent to receive Therapist Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.
you have the sole right to consent to Therapist Services for the minor seeking therapy
You also agree that consent to Therapist Services remains valid until membership is canceled.
Qualifications & exceptions
Australian terms; guardian confirmations apply where such consent is required.
Not stated here
The privacy policy’s detailed practices are not supplied.
Australian account information must be kept true and current
All information supplied now or later through the platform must be accurate, true, current and complete. You agree to maintain and update it throughout the agreement.
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all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete.
Australian users must protect passwords and report breaches immediately
You must keep passwords and other account-access security information confidential and immediately report unauthorized use or other account-security concerns. BetterHelp advises frequent password changes and extra care protecting credentials.
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you are responsible for maintaining the confidentiality of your password
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
Security & Safeguards · Context
Australian terms assign account-use risk even without authorization
The Australian terms disclaim BetterHelp liability when someone else uses your account, even without your consent or knowledge. You accept full responsibility for all account activity and must indemnify the company for resulting damage or loss even from unauthorized users. Mandatory consumer protections preserved elsewhere still apply.
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either with or without your consent and/or knowledge.
whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
Qualifications & exceptions
Subject to preserved mandatory consumer protections.
Account & Service Control · Context
Australian accounts are for your own personal use
You must not use another person’s account or credentials for any reason and confirm that platform and therapist-service use is only personal, rather than for another person or organization. The same source separately permits guardian consent for minors, without explaining every interaction between that rule and the personal-use wording.
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You agree and commit not to use the account or Account Access of any other person for any reason.
your use of the Platform, including the Therapist Services, are for your own personal use only
Not stated here
The personal-use clause does not expressly explain its interaction with the minor-consent provisions.
Security & Safeguards · Context
Australian users must not disrupt systems or send prohibited content
You must not disrupt or attempt to disrupt company or platform infrastructure, including unauthorized access. The platform cannot be used to post, send or deliver unsolicited email or promotion, malicious code, unlawful, harassing, invasive, abusive, threatening, vulgar, obscene, racist or potentially harmful material, infringements of third-party rights, third-party-damaging content, or material constituting, causing or encouraging crimes or legal violations.
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You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following:
unsolicited email and/or advertisement or promotion of goods and services;
any content that infringes a third party right including intellectual property rights;
any content that may cause damage to a third party;
any content which may constitute, cause or encourage a criminal action or violate any applicable law.
Legal Rights & Agreement Rules · Context
Australian use must comply with applicable laws and ethical codes
Australian users agree not to violate applicable local, state, national or international laws, rules or ethical codes in using the platform and dealing with therapists or BetterHelp.
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You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code
Security & Safeguards · Context
Australian users must scan files before opening them
If BetterHelp or a therapist sends a file on or off the platform, you agree to check and scan for viruses or malicious software before opening or using it.
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you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
Legal Rights & Agreement Rules · Context
Australian terms require defense and indemnity for specified claims
You must indemnify, defend and hold BetterHelp harmless for claims, losses, liabilities and expenses including litigation and reasonable attorneys’ fees relating to platform access/use, any account activity by you or others, breaches of this agreement, unpaid services or third-party-rights violations, including IP, publicity, confidentiality, property and privacy. The clause survives expiry or termination, subject to preserved mandatory consumer protections.
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You will indemnify us, defend us, and hold us harmless
your access to or use of the Platform;
any actions made with your account or Account Access whether by you or by someone else;
your violation of any of the provisions of this Agreement;
non-payment for any of the services (including Therapist Services) which were provided through the Platform;
This clause shall survive expiration or termination of this Agreement.
Qualifications & exceptions
Australian terms; mandatory consumer protections remain.
Not stated here
A separate agreement is not supplied by this list item; its reference is to these terms.
Charges & Financial Obligations · Permission or license
Australian users authorize charges and must maintain valid payment details
You must use payment means you are fully authorized to use, keep payment details accurate and current, and pay account fees promptly under the platform’s published schedule, rates and terms. Providing payment means authorizes BetterHelp to charge them and requires keeping valid payment information on the account.
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By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information.
Account & Service Control · Context
Australian platform access may be changed or ended without notice
BetterHelp may modify, suspend, disrupt or discontinue the platform, a part or an individual’s use at any time with or without notice and disclaims resulting liability. It makes commercially reasonable reliability/access efforts but does not guarantee uninterrupted, consistent, timely or error-free access. The agreement separately preserves mandatory consumer rights.
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at any time with or without notice to you.
While we make commercially reasonable efforts to ensure the Platform's reliability and accessibility
Qualifications & exceptions
Australian agreement; mandatory consumer protections remain.
Legal Rights & Agreement Rules · Context
Australian terms contain sanctions warranties and export restrictions
The terms identify US EAR, OFAC and ITAR controls and potentially similar rules elsewhere. You warrant you are not in a country subject to US embargo or economic sanctions and are not a denied or restricted party. You must obey applicable export/reexport and sanctions laws and obtain required prior government authorization before prohibited uses or transfers of BetterHelp products, software, technology or derived products. This describes the contractual commitments without deciding actual legal sanctions coverage.
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BetterHelp products may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions
not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and
not a denied party as specified in any applicable export or re-export laws or regulations
without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
Not stated here
The named external laws and regulations are not supplied.
Legal Rights & Agreement Rules · Context
Australian general notices count as received when given
BetterHelp may give agreement/platform notices by email on record, regular mail or online posting; the date given is deemed the receipt date. General notices to the company go to contact@betterhelp.com, subject to the separate specific dispute and opt-out delivery instructions.
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The date of receipt shall be deemed the date on which such notice is given.
Qualifications & exceptions
Specific arbitration notice routes remain.
Account & Service Control · Context
The Australian section includes a California notice and general complaint contact
The Australian section repeats a notice expressly addressed to California residents, identifying the Board of Behavioral Sciences for complaints within marriage/family therapy, clinical social work and professional clinical therapy scope, at www.bbs.ca.gov or (916) 574-7830. This does not establish that the board regulates all Australian therapy. General platform communications and complaints go to contact@betterhelp.com.
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Notice to California Residents:
The Board of Behavioral Sciences receives and responds to complaints
Contact/Complaints
Please direct any communications, including complaints about the Platform, to
Qualifications & exceptions
The licensing notice expressly addresses California residents.
Legal Rights & Agreement Rules · Context
Australian terms select Delaware law but preserve mandatory consumer rights
The Australian agreement and relationship are interpreted under Delaware law excluding choice-of-law rules. The terms state they are the entire agreement and that you did not rely on company promises or representations outside it. The country where you live still supplies any mandatory consumer protections; the Delaware choice does not remove those rights.
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interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US.
Nothing in this Agreement, including the choice of the laws of the State of Delaware, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.
Qualifications & exceptions
Australian agreement; mandatory consumer protections remain.
Cross-references
qualifies (model-proposed): Australian liability is capped at 12 months’ platform payments — The Australian agreement expressly preserves mandatory consumer protections; its liability cap also adjusts to applicable law rather than excluding those rights.
Australian terms name Northern California courts for court proceedings
The Australian court-venue clause names the US District Court for Northern California or state courts in Santa Clara County exclusively, with consent to personal jurisdiction and waiver of objections. The arbitration section separately requires arbitration for covered claims and names Wilmington for certain proceedings while allowing specified competent-court routes. The text does not expressly reconcile every forum reference; arbitration exceptions and mandatory consumer rights remain.
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shall be the US District Court for the Northern District of California, or the state courts located in Santa Clara County in California.
Qualifications & exceptions
Subject to the separate arbitration provisions and preserved consumer rights.
Not stated here
The interaction of the broad venue clause with every arbitration court reference is not expressly explained.
Cross-references
contrast (model-proposed): Australian arbitration defaults to Wilmington if no location is agreed — The Australian court-venue clause names Northern California courts while the arbitration procedure defaults to Wilmington. Both provisions and the separate court exceptions are preserved without inventing a priority rule.
Australian agreement changes usually take effect when posted
BetterHelp may post modifications, which take effect on posting unless otherwise specified. Continued platform use accepts the changes; rejecting them requires terminating access and participation, and users are encouraged to check frequently. The separate subscription clause still requires proper notice for membership-service changes.
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Unless otherwise specified by us, all modifications shall be effective upon posting.
Any changes to your membership services will only take effect following proper notice to you.
Qualifications & exceptions
Different timing may be specified; membership-service changes need proper notice.
BetterHelp may transfer the Australian agreement or obligations
The Australian terms permit BetterHelp freely to transfer or assign the agreement or any obligations. Paragraph headings are stated to be for convenience and not used in interpretation.
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We may freely transfer or assign this Agreement or any of its obligations hereunder.
Legal Rights & Agreement Rules · Context
Invalid Australian terms leave the remainder; specified clauses survive
If a competent court finds a provision illegal, invalid, unenforceable or otherwise contrary to law, the remaining Australian agreement stays effective. Arbitration, liability limitations and indemnification expressly survive termination or expiry, subject to their own limits and preserved consumer protections.
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the remaining provisions of this Agreement will remain in full force and effect.
all clauses regarding arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of this Agreement.
Qualifications & exceptions
Surviving clauses retain their own limits.
Legal Rights & Agreement Rules · Context
The Australian terms state an August 26, 2026 update
The Australian part identifies its last update as August 26, 2026, matching the global part’s stated date. This describes the stored version, without checking whether the publisher now serves a newer text.
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Last Updated: August 26, 2026
Account & Service Control · Context
Professional titles follow the provider’s jurisdiction
Under the global terms, therapist titles on the sites and apps reflect professional titles and credentials recognized by the jurisdiction regulating that profession.
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we refer to therapists across our sites and apps according to their professional title and credentials, as recognized in the jurisdiction responsible for their profession.
Account & Service Control · Context
Providers independently deliver care; matching has limits
Global providers are independent practitioners rather than company employees or agents. BetterHelp operates the technology and administration and says it is not a healthcare entity and does not directly provide care. You may change provider if care does not fit your needs. Licensing, availability and timing limit matches; if your provider leaves, BetterHelp will email you about matching again.
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The Providers are independent practitioners who are neither our employees nor agents nor representatives.
If a Provider you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your Provider is no longer on the Platform and that you have the opportunity to match with a new Provider.
Qualifications & exceptions
Global terms; provider availability is not guaranteed.
Account & Service Control · Context
Online services may not suit needs requiring in-person care
The global terms acknowledge that the services may not suit everyone or replace care for conditions requiring in-person therapy, with active substance withdrawal and anorexia nervosa given as examples. Platform advice must not cause you to disregard, avoid or delay in-person care.
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they may not be appropriate for every particular situation and/or a substitute for certain mental health needs that might require in-person therapy services, such as active withdrawal from certain substances or anorexia nervosa.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
Account & Service Control · Context
The global platform excludes emergencies and certain clinical uses
The global notice directs people facing suicidal thoughts, harm, danger or medical emergencies to call local emergency services and authorities immediately. It says the platform and providers cannot supply emergency assistance, and proceeding is at your own risk. It also excludes diagnoses needing in-person evaluation, official approvals such as court-ordered therapy or service-dog certification, and drug or medical-treatment advice, which it says to disregard if supplied. These are the notice’s own restrictions; the separately described insurance psychiatry offering needs its own scope.
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THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE THERAPISTS AND/OR PROVIDER CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
Qualifications & exceptions
Emergency warning and stated global service limits.
Not stated here
The general drug-advice warning sits alongside a later psychiatry offering; the text does not expressly reconcile them.
Cross-references
contrast (model-proposed): US insurance care is session-based and coverage is not guaranteed — The general global warning disclaims drug or medical-treatment advice, while the US insurance section expressly includes psychiatry. Both are retained; the text does not expressly reconcile this service-scope tension.
Account & Service Control · Context
Austrian services exclude medical treatment and insurance reimbursement
For members receiving services in Austria, psychologists qualified in Germany are not Austrian health or clinical psychologists or psychotherapists. Support is limited to their qualifications: no diagnosis, medical treatment, psychotherapy or out-of-scope advice. The terms say Austrian insurance reimbursement is unavailable and nutritional and sports counseling are excluded.
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Therapy Services in Austria
They are not allowed to diagnose or treat medical conditions, provide psychotherapy, or provide advice or counseling beyond their scope of practice.
Qualifications & exceptions
Applies to members receiving services in Austria.
Charges & Financial Obligations · Context
German and Dutch services exclude insured or tariff-regulated care
For members receiving services in Germany or the Netherlands, therapists may provide only non-insured, non-tariff-regulated services within their credentials and experience. They must not perform services exceeding their scope or amounting to insured or tariff-regulated care. The services are not intended for insurance reimbursement or a government rebate, even in part.
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Therapy Services in Germany & the Netherlands
your assigned Therapist will only provide non-insured and non-tariff regulated services that are within the scope of their experience and credentials.
Qualifications & exceptions
Applies in Germany and the Netherlands.
Charges & Financial Obligations · Context
French services exclude social-security reimbursement and prescribing
French therapy services are not reimbursed by social security. Private insurance may reimburse some or all costs depending on its terms. The platform’s therapists are not medical professionals, do not give medical or psychiatric advice, and cannot prescribe. The terms say the platform does not provide French-law telemedicine or telehealth activities.
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Therapy Services in France
You will not be eligible to receive reimbursement from the French social security regime. Therapy Services may be reimbursed by your private health insurance (in whole or in part), depending on the terms and conditions of your private health insurance.
Qualifications & exceptions
Applies to the French services.
Account & Service Control · Context
Spanish therapy targets prevention and treatment
For members receiving services in Spain, the terms describe therapy as aimed at prevention and treatment of mental health disorders.
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Therapy Services in Spain
To the extent you are a member receiving services in Spain, the Therapy Services are aimed towards the prevention and treatment of mental health disorders.
Legal Rights & Agreement Rules · Context
Platform use must comply with law and ethical codes
The global terms prohibit content causing, constituting or encouraging crimes or legal violations. They also require compliance with applicable local, state, national and international laws, rules and ethical codes in platform use and relationships with BetterHelp and therapists.
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any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code
If BetterHelp or a therapist sends you a file, on or off the platform, the global terms require you to check it for viruses or malicious software before opening or using it.
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you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
Legal Rights & Agreement Rules · Context
You must defend and indemnify BetterHelp for specified claims
The global indemnity covers claims, losses, liabilities and costs, including litigation and reasonable attorneys’ fees, arising from platform access or use, any account activity by you or others, agreement breaches, unpaid platform services, or third-party-rights violations including IP, publicity, confidentiality, property and privacy. It requires defense and holding BetterHelp harmless and survives termination or expiry.
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You will indemnify us, defend us, and hold us harmless
your access to or use of the Platform;
any actions made with your account or Account Access whether by you or by someone else;
your violation of any of the provisions of this Agreement;
non-payment for any of the services (including Therapist Services) which were provided through the Platform;
This clause shall survive expiration or termination of this Agreement.
Not stated here
A separate agreement is not supplied by this list item; its reference is to these terms.
Charges & Financial Obligations · Permission or license
You authorize charges and must keep valid payment details
Global users must use only payment methods they are fully authorized to use, keep payment information accurate and current, and pay account fees on time under published rates and terms. Supplying a payment method authorizes BetterHelp to bill and charge it; valid payment information must remain in the account.
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By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information.
Account & Service Control · Context
BetterHelp may interrupt or discontinue the platform without notice
The global terms allow BetterHelp to modify, suspend, disrupt or discontinue all or part of the platform or an individual’s use at any time, with or without notice, and disclaim resulting losses. Although it promises commercially reasonable reliability and access efforts, it does not guarantee uninterrupted, consistent, timely or error-free access.
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at any time with or without notice to you.
While we make commercially reasonable efforts to ensure the Platform's reliability and accessibility
Qualifications & exceptions
Global platform operations; applicable-law and mandatory-consumer protections remain.
Legal Rights & Agreement Rules · Context
You warrant sanctions eligibility and must obey export controls
The global terms identify US EAR, OFAC sanctions, ITAR and potentially similar foreign controls. You warrant you are not located in an embargoed or economically sanctioned country and are not a denied or restricted party. You must obey applicable export/reexport and sanctions laws and obtain required government authorization before prohibited uses or transfers of BetterHelp products, software or technology, including derived products. This reports the contractual wording and does not determine actual sanctions coverage.
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BetterHelp products may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions
not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and
not a denied party as specified in any applicable export or re-export laws or regulations
without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
Not stated here
The named external export and sanctions rules are not supplied.
Legal Rights & Agreement Rules · Context
Agreement notices can be posted online and count as received when given
BetterHelp may send global agreement/platform notices by email on record, regular mail or online posting; receipt is deemed to be the date given. General notices to BetterHelp go to contact@betterhelp.com. The specific arbitration opt-out and dispute-notice procedures have their own delivery instructions.
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The date of receipt shall be deemed the date on which such notice is given.
Qualifications & exceptions
General notices; specific dispute and opt-out instructions remain.
Account & Service Control · Context
California residents may complain to the licensing board
The global California notice identifies the Board of Behavioral Sciences for complaints within marriage/family therapy, clinical social work or professional clinical therapy scope. It provides www.bbs.ca.gov and (916) 574-7830 as contacts.
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Notice to California Residents:
The Board of Behavioral Sciences receives and responds to complaints
Qualifications & exceptions
The licensing-board notice is addressed to California residents.
Legal Rights & Agreement Rules · Context
Global disputes generally require individual binding arbitration
Under the global terms, covered agreement, platform and therapist-service disputes generally go to final individual arbitration, with court limitation periods and a mutual jury waiver. A timely written opt-out within 30 days of first platform access or use rejects arbitration and the class waiver. Exceptions include individual small claims while they remain individual in small-claims court, platform-related sexual assault or harassment, court equitable relief to protect IP, and claims statutes exclude from arbitration. Government investigations and federal agency adjudication remain available; courts may grant interim injunctions and decide class-waiver validity. Mandatory consumer protections in your country remain unaffected.
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All claims in arbitration are subject to the same statutes of limitation that would apply in court.
individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis;
individual claims of sexual assault or sexual harassment occurring in connection with your use of the Platform; and/or
injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute.
Nothing in this Agreement, including the choice of the laws of the State of Delaware, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.
Qualifications & exceptions
Global terms; stated court, agency and statutory exceptions remain.
AAA consumer rules apply unless the agreement conflicts
The global arbitration clause names the Federal Arbitration Act and AAA Consumer Arbitration Rules, with the agreement controlling conflicts with the AAA rules. One arbitrator selected under those rules must be a qualified bar member in the arbitration state or a retired judge, experienced in the dispute’s underlying law. If AAA declines to administer, either party may ask a competent court for a neutral arbitrator. The linked AAA rules and federal statute are not supplied here.
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provided however, that if there is a conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall govern.
The arbitrator shall be a member of the bar of the state in which the arbitration will be conducted or a retired judge from any jurisdiction
If for any reason the AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.
Not stated here
The external statute and AAA rules are not reproduced.
Legal Rights & Agreement Rules · Context
The arbitrator decides enforceability except for the class waiver
Under the global clause the arbitrator has exclusive authority over interpretation, applicability, formation and enforceability of the agreement and arbitration clause, including voidness claims. Challenges to the class action waiver are reserved to a competent court.
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Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority
any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Qualifications & exceptions
Court authority over the class action waiver is preserved.
Unagreed arbitration location defaults to Wilmington
For global arbitration, if the parties cannot agree on a location, the default is Wilmington, Delaware. A later mass-arbitration rule separately requires Wilmington for batch proceedings.
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If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Wilmington, Delaware.
Qualifications & exceptions
Default applies when no location is agreed.
Cross-references
contrast (model-proposed): The global court-venue clause names Northern California courts — The global court-venue clause broadly names Northern California courts while arbitration has its own Wilmington default and specified court routes. These are distinct forum provisions; their complete interaction is not expressly reconciled.
Charges & Financial Obligations · Context
Arbitration fees follow applicable law
Each party initially pays its own attorneys, subject to remedies available under law. BetterHelp pays arbitrator and arbitration fees where law requires; otherwise those fees are allocated under applicable law. The arbitrator resolves disputes over payment and allocation.
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In all cases where required by law, the Company will pay the arbitrator's and arbitration fees.
Qualifications & exceptions
Attorney-fee remedies and fee allocation depend on applicable law.
Legal Rights & Agreement Rules · Context
Arbitration allows discovery, motions and court-available remedies
The arbitrator must permit discovery sufficient to prepare claims and defenses while considering arbitration efficiency. Except for the class waiver, available remedies are those a court could award under applicable state or federal substantive law. Parties may seek dismissal or summary judgment under federal civil-procedure standards. Awards must be written with facts and legal conclusions and may become court judgments.
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allowing the parties to conduct discovery sufficient to allow each party to prepare its claims and/or defenses
Except as provided in the Class Action Waiver (as defined below), the arbitrator may award all remedies to which a party is entitled under applicable law
Either party shall be permitted to file a motion to dismiss and/or motion for summary judgment
The arbitrator's decision or award shall be in writing with findings of fact and conclusions of law.
Qualifications & exceptions
Remedies are limited to those available in court and the class-waiver rules.
Legal Rights & Agreement Rules · Context
Courts may grant interim relief during an arbitrable dispute
Either party may ask a competent court for temporary or preliminary injunctive relief under applicable law without waiving arbitration. A court may consider merits only as needed and legally allowed for that ruling; final relief in that arbitrable dispute remains for arbitration. The separate IP and statutory exclusions still apply to claims exempt from arbitration.
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All determinations of final relief, however, will be decided in arbitration.
Qualifications & exceptions
Concerns arbitrable controversies; exempt claims have separate rules.
Legal Rights & Agreement Rules · Context
Arbitration does not prevent government investigations or federal remedies
The global arbitration clause permits government investigations of otherwise covered reports, claims or charges and permits federal administrative agencies to adjudicate and award remedies. It also preserves legal preconditions and requirements to exhaust administrative remedies before arbitration.
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This Arbitration Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement.
Charges & Financial Obligations · Context
Late or missed subscription sessions may cost $15
Under the global subscription section, a missed session or cancellation within 24 hours of session time may incur a $15 fee per occurrence. This is a session-attendance rule, distinct from canceling the subscription.
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Session Cancellation Policy: Late cancellations (within 24 hours of the session time) and missed sessions may incur a $15 fee per occurrence.
Qualifications & exceptions
The fee is discretionary (“may”); applies per occurrence.
Matching uses location, engagement data and therapist scores
Global matching first uses residence and therapists qualified and opted in for that jurisdiction. BetterHelp then weighs hundreds of inputs, including predicted sustained engagement, therapist reliability, punctuality, NPS and user ratings, availability, experience and user preferences such as gender, age or expertise. The listed factors summarize a more complex process; no precise weights or guaranteed match are supplied.
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After location criteria, member/therapist matches are based several hundred different inputs weighted in a complex way.
data BetterHelp considers indicative of sustained therapist/client engagement, the composite “quality” score of the Therapist
Qualifications & exceptions
Therapists must be credentialed for opted-in jurisdictions.
Canadian therapist-service fees include applicable taxes
For therapist services used in Canada, stated fees include applicable federal, provincial and territorial taxes, including GST, HST, QST, PST, RST and other applicable sales, use or value-added taxes. The clause cites Canadian and Quebec tax legislation without supplying it.
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If you are using the Therapist Services in Canada, the fees are tax-inclusive and include all applicable federal, provincial, and territorial taxes
Charges & Financial Obligations · Context
US insurance care is session-based and coverage is not guaranteed
The global insurance offering is US only, wholly separate from subscriptions, and provides session-based therapy and psychiatry. Coverage depends on your benefits and in-network providers; a preferred provider is not guaranteed in network. Only certain commercial plans are accepted at the stated time. Check with your plan about network status, benefits and cost-sharing or copayments.
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Insurance Offering (US only)
Unlike the Subscription Offering, the Insurance Offering is a strictly session-based offering and is wholly distinct from the Subscription Offering. This includes both Therapy and Psychiatry Services.
At this time, we accept certain commercial insurance plans.
Qualifications & exceptions
US only; coverage and cost-sharing depend on your plan.
Cross-references
contrast (model-proposed): The global platform excludes emergencies and certain clinical uses — The general global warning disclaims drug or medical-treatment advice, while the US insurance section expressly includes psychiatry. Both are retained; the text does not expressly reconcile this service-scope tension.
Account & Service Control · Context
Insurance care uses independent providers through partner groups
BetterHelp partners with Uplift Behavioral Health, P.C. and associated provider groups for the US insurance offering. Providers contract with those partners but remain independent contractors responsible for legal and professional compliance. Insurance users also accept the partners’ linked Notice of Privacy Practices, whose contents are outside this source.
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For the Insurance Offering, BetterHelp partners with Uplift Behavioral Health, P.C., and other associated provider groups
they remain independent contractors and are responsible for their compliance with applicable law and their professional responsibilities.
Qualifications & exceptions
US insurance offering.
Not stated here
The linked Notice of Privacy Practices is not supplied.
Charges & Financial Obligations · Context
Denied insurance claims may become your responsibility
For the US insurance offering, lateness or appointment cancellation may attract late or cancellation fees. If a claim is denied, you are responsible for the total claim cost only to the extent law or contract permits. Support can provide more information; this clause does not set an insurance cancellation-fee amount.
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If your claim is denied, then you understand and acknowledge that you will be responsible for the total cost of the claim, to the extent permissible by law or contract.
Qualifications & exceptions
Responsibility is limited by law or contract.
Not stated here
Insurance late/cancellation fee amounts are not specified here.
Charges & Financial Obligations · User right or choice
The estimate notice offers cost estimates and a $400 bill-dispute threshold
The insurance section states a right to a Good Faith Estimate of total expected non-emergency care costs, including related tests, prescriptions, equipment and hospital fees. It says you can dispute a bill at least $400 above the estimate and should retain a copy or photo. Questions go to the linked CMS No Surprises page or contact@betterhelp.com; that external guidance is not supplied.
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You have the right to receive a “Good Faith Estimate” explaining how much your medical care will cost.
You have the right to receive a Good Faith Estimate for the total expected cost of any non-emergency items or services.
If you receive a bill that is at least $400 more than your Good Faith Estimate, you can dispute the bill.
For questions or more information about your right to a Good Faith Estimate
Qualifications & exceptions
The notice describes non-emergency costs.
Account & Service Control · Permission or license
You consent to electronic service communications, with some opt-outs
You allow BetterHelp, insurance partners and therapists to contact you about services and related inquiries, including reminders, scheduling, health-team communications and policy updates. You represent your supplied email and phone are yours and current and consent to service texts and emails. Electronic consent covers all interactions, but you may withdraw certain future communications by contacting BetterHelp, account settings or unsubscribe instructions; withdrawal takes effect within a reasonable time after receipt. Required service notices such as terms updates or billing cannot be rejected without discontinuing services; withdrawal leaves the terms legally intact and may make services unavailable.
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You consent to receive such communications electronically
When providing us with your email address and phone number, you represent that they are yours and are up-to-date.
Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
Qualifications & exceptions
Opt-outs concern certain communications; processing takes a reasonable time.